Agenda item

The Service Manager – Housing Management and Home Ownership to present a report to the Cabinet Committee with regard to adopting a new policy for Licencing and Grant of Permanent Rights of Way/Access for the Council House Building Programme.

(1)        That the Council adopts a new policy for the Licencing and Granting of Permanent Rights of Way/Access for the Council House Building Programme subject to clarification of paragraph 4.6 on the draft policy;

(2)        That an audit be carried out to review of the current licencing arrangements and fees charged;

(3)        That a central database be created to maintain a notification system for issued licences and sale agreements for permanent rights of way/accesses; and

(4)        That an annual monitoring and review of licences be carried out and regular site inspections to regulate and prevent the creation of unauthorised rights of way/access.

Deborah Fenton, Service Manager, Housing Management and Home Ownership, presented a report and draft policy regarding the Licencing and Grant of Permanent Rights of Way/Access for the Council House Building Programme and recommended that the Council adopted the policy.

The policy was required to prevent the creation of unauthorised rights of way/accesses across Council land which had led to legal proprietors acquiring an easement either by prescription or quasi easement. This had led to the requirement for the Council to compensate proprietors whose rights of way/accesses are permanently or temporarily closed on development sites under the CHBP.

A review of the current licensing system was recommended to agree a new form of Licence for Rights of Way/Access. This review would also consider the level of the annual licence fee to ensure it was reflected at a financially realistic relationship to the permanent sale price of the Right of Way/Access in order that the licence fee value was reflective of the value and consistently applied.

The creation of a central data base was recommended which would record issued licences and sale agreements for permanent Rights of Way/Access including a notification process for all relevant Council departments/teams.

Going forward a system for the annual monitoring and review of licences as well as regular site inspections to regulate and prevent the creation of unauthorised rights of way/accesses.

Councillor J Philip referred to page 64 of the agenda, paragraph 7 ‘the cost of which is to be borne equally by both parties, but the instruction is to be made jointly by EFDC.’ I believe this could just be a minor error and the word ‘jointly’ should read ‘soley’ and therefore would like some clarification.

J Cosgrove replied that the wording was correct as valuations were carried out on a joint instruction by agreement with the resident so the valuer offers an equal duty of care to both EFDC and the resident. The reason for doing it this way was to avoid the circumstances where EFDC would get three valuations and the resident would also get three independent valuations and then you would be in a position where you would have to negotiate whose valuation was correct, this method was a much more realistic way of reaching a valuation which was satisfactory to EFDC and the resident.

Councillor J Philip stated that he understood the reasoning now that it had been explained but that paragraph 7 did not read correctly. He was also concerned that the wording in the draft policy was the same as paragraph 7 on the report.

Councillor H Whitbread asked the officers to tighten up the wording in the draft policy so that it gave a clearer explanation.

Decision:

(1)        That the Council adopts a new policy for the Licencing and Granting of Permanent Rights of Way/Access for the Council House Building Programme subject to clarification of paragraph 4.6 on the draft policy;

(2)        That an audit be carried out to review of the current licencing arrangements and fees charged;

(3)        That a central database be created to maintain a notification system for issued licences and sale agreements for permanent rights of way/accesses; and

(4)        That an annual monitoring and review of licences be carried out and regular site inspections to regulate and prevent the creation of unauthorised rights of way/access.

Reasons for Decision:

To prevent the creation of unauthorised rights of way/accesses and to formalise the process for managing the issuing of licences and permanent rights of way/access going forward.

Other Options Considered and Rejected:

Not to implement the new policy. This will perpetuate the unauthorised creation of rights of way/accesses to the financial and reputational detriment of the Council.